Avis juridique important

61986J0161

European Court reports 1989 Page 02467 Pub.RJ Page Pub somm

Summary

Keywords

1 . Officials - Action - Right of action - Persons claiming the status of officials or of employees other than local staff

2 . Officials - Status of official - Conditions for acquiring for fulfilled - Application of the Staff Regulations - Excluded

Summary

1 . It is not only persons who have the status of officials or of employees other than local staff who may bring an action before the Court to contest a decision adversely affecting them but also persons claiming that status ( see judgment of 11 July 1985 in Joined Cases 87, 130/77, 22/83, 9 and 10/84 Salerno v Commission and Council (( 1985 )) ECR 2523 ).

2 . The status of official or servant of the Communities cannot be accorded to the staff of the European Association for Cooperation, an international association which is governed by the law of a Member State and which cannot, whatever may be its relations with the Commission, be assimilated to an administrative unit of the Commission ( see judgment in Salerno, supra ).

As a result no provision of the Staff Regulations can be effectively relied on to contest a decision of dismissal taken by the aforesaid association in its capacity as employer in accordance with the rules governing its employment relationship with its staff .

Parties

In Case 161/86

Andreas Jaeger, a former member of the staff of the European Association for Cooperation, residing at 27 Via di Villa Ruffo, Rome, ( Italy ), represented by Marcel Slusny, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Catherine Wolter, 4 rue Lemire,

applicant,

Commission of the European Communities, represented by Hendrik van Lier, a member of its Legal Department, acting as Agent, assisted by Robert Andersen, of the Brussels Bar, 214 avenue Montjoie, Brussels, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Commission' s Legal Department, Centre Wagner, Kirchberg

defendant,

APPLICATION, essentially, for the annulment of the applicant' s dismissal,

THE COURT ( Fourth Chamber ),

composed of : T . Koopmans, President of the Chamber, C . N . Kakouris and M . Díez de Velasco, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Dismisses the application;

( 2 ) Orders the parties to bear their own costs .